Ex-deputy no-show at contempt hearing

Former Grant County Sheriff’s Deputy Jose Sanchez failed to appear for his arraignment in Silver City District Court on Friday morning on a contempt of court charge for doing just exactly that — refusing to appear when subpoenaed to testify during the Bradley Farrington murder trial in August.

Farrington is the former Silver City police officer who was convicted of first-degree murder in the death of his wife, Cassy Brooks Farrington, and sentenced to life in prison last month. Sanchez was the lead investigator in that case and was a witness for the defense and initially failed to appear during the trial.

On Sept. 20, District Court Judge Jarod Hofacket held Sanchez in contempt of court and issued an order that Sanchez be prosecuted. The District Attorney’s Office filed a criminal complaint charging Sanchez with one count of contempt of court for failing to appear when subpoenaed on Sept. 21.

In the motion, Chief Deputy District Attorney Matthew Bradburn wrote, “The actions of Jose Sanchez introduced entirely unnecessary confusion and uncertainty into the orderly administration of justice in the trial of this case, including the possibility of a mistrial.”

According to the contempt rule, Sanchez has the right to be personally served — meaning hand-delivered — a notice to appear. The District Court issued his summons and notice to appear on Oct. 2 with his court date and time — Friday, Oct. 12, at 8:45 a.m. — and that order was picked up by the Grant County Sheriff’s Office and given to one of their civil deputies to serve Sanchez in person.

But at 9 a.m. on the morning of Friday, Oct. 12, Sanchez was not in the courtroom and the court learned that he had not been served his notice to appear by the Grant County sheriff’s deputies.

Grant County Sheriff Raul Villanueva told the Daily Press via email the deputy who had the paperwork to serve on Sanchez was out of town on a transport on Friday but advised him that he had made three attempts to serve Sanchez, all at his home, one on Tuesday, Oct. 2, one on Wednesday, Oct. 3, and then again this past Wednesday, Oct. 10, and had no luck in locating him.

The sheriff said the paperwork will be sent back to the court.

A new court date will have to be set and another summons and notice to appear will have to be ordered and then sent back to the Sheriff’s Office to start the process all over again.

Sanchez’s court date and hearing time were — and are — posted publicly on the New Mexico Courts website.

If convicted, the maximum penalty includes a reprimand and up to 90 days in jail and fines if applicable.

Sanchez was with the Grant County Sheriff’s Office for 13 years but retired Oct. 31, 2015 — one month after Grant County Detective Jess Watkins reviewed the case, and one week after Farrington was arrested and charged with his wife’s murder.